Court slaps University of Ghana with GHC1k in case filed by student
In a complaint filed by Caleb Elorm Kadu, a ‘disqualified’ presidential candidate in the 2021 Alexander Adu Kwapong Hall Junior Common Room (JCR) elections, an Accra High Court fined the University of Ghana a thousand Ghana Cedis.. Following a judgement dismissing the premier University’s motion to have the plaintiff’s writ of summons set aside, the Court granted the costs. Caleb Elorm Kadu, the plaintiff, sued the Vice-Chancellor, the Dean of Students Affairs, and the Senior Tutor of Kwapong Hall, among others, following his disqualification from the 2021 JCR Presidential contest.
Counsel for the University of Ghana stated in its application that the Plaintiff had not exhausted the internal remedies given under sections 32 of the University of Ghana Act, 2010 (Act 806) and section 44 of the University’s Statutes. CHECK ALSO: The WAEC has released the BECE results for 2021; Check Your BECE Results Frederick Boamah, the School’s lead counsel, also believes that the University of Ghana should have been sued instead of the defendants because they are only administrative creations of the university. However, Plaintiff’s counsel, Nii Kpakpo Samoa Addo, challenged the University of Ghana’s plea to nullify Caleb Elorm Kadu’s writ, claiming that the case did not warrant using Order 9 rule (8).
Counsel representing the University of Ghana has addressed the Court on “completely separate problems which cannot be addressed under Order 9 rule 8 of C.I 47,” according to a judgement issued by High Court Justice, His Lordship William Boampong on January 31, 2022. “I, therefore, rule that the legal concerns submitted by Counsel for the Defendants/Applicant are not maintainable under Order 9 rule 8 even if they are the proper position of the law at all.” As a result, I am rejecting this application.
I award Plaintiff GH 1,000.00 in costs against Defendants/Applicant [University of Ghana]. “Let the case run its course,” William Boampong, His Lordship, was in charge. Background Caleb Kadu, a resident of the Hall, is aggrieved over his disqualification from the 2021 JCR Presidential race. He said he received a letter from the Dean of Student Affairs on June 18, 2021, disqualifying him as a Presidential candidate in the Alexander Kwapong Hall JCR elections without being given a hearing, in violation of Article 23 of the 1992 Constitution and the audi alteram partem principle of natural justice. Previously, the BSc Education (Physics) student claimed that the Dean of Students had cleared him to run for president.
He claimed that he tried everything he could to persuade the Dean to change his mind. “The plaintiff says that the Dean of Student Affairs has sidelined the constitutionally constituted Electoral Commission of the Alexander Kwapong Hall and has in its stead, constituted a different body to conduct the Elections,” part of his statement of claim reads. He wants a ruling that the Dean of Student Affairs’ disqualification is unconstitutional and illegal, and hence null and void and without legal effect. Elorm has asked to be reinstated as a candidate in the Kwapong JCR presidential elections.